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Perhaps we need to establish some sort of obvious-evidence protocol? Some kind of common sense argument that can be presented in the court of law and weighed ag
by FussyZeus 9y ago
Perhaps we need to establish some sort of obvious-evidence protocol? Some kind of common sense argument that can be presented in the court of law and weighed against other evidence?
Example: Someone steals an apple to feed their hungry child. Yes, it's a crime, but sending the parent to prison isn't a solution; the child is still hungry, and now both of them will to varying extents have to be cared for by the state, all over a 59 cent Apple.
- dboreham 9y agoWell, there is a protocol and it is this : "Nothing shall be deemed to be obvious" (except perhaps things that are so obvious that a three year old could invent them).
- pnw_hazor 9y agoThere is one. It is complicated. The easiest way to prove obviousness is to find printed publications that describe the claimed invention. For obviousness, multiple printed publications can be combined as long as they are in a related field and there would be some kind of motivation for one of ordinary skill in the art to combine what they disclose.